HomeMy WebLinkAboutVARIANCE 646 Aspen Ave 1986TOWN OF ESTES PARK
0011,1)1 NG DEPAR 1 MENT
NOTICE OF APPEAL
DATE:
Address all communications to the Building Inspector, Post Office Box 1200, Estes Park,
Colorado 80517.
This is a petition. for a variance of the Zoning Ordinnee. It must be on file a. rthe office
of the. Building Inspector, Town of Estes Park; 10 days before any meeting of the. Board of
Adjustment -
A $25.00 (twenty-five dollar) fee to cover costs of processing appeals andrequests for
variances shall be paid to the Town Clerk prior to any hearing.
The Petitioner or Representative should be present at the meeting.
All variances granted by the Board of Adjustment shall become null and void if a building
permit has not been issued and paid for and work thereunder commenced within four months
from the date the variance was granted.
Address of Lot or Tract: )4.44-.4/r 7) '1 1144--
Number ' Street
Legal Description: Lot Block - Tract
Owners Name:
Address of Owner:
Petitioner 's Name:
Petitioner is: Owne
,
Number Street. P .0. Box City State ZIPPhone. V
'/)17•
Lessee
Agent
,..
Address of Petitioner: ,,4,4:2,',4„ /.41,9),,s z,,..2.-4. , ---4;,/,c4_,. / 44, , 47.,44' 7
Number Street P. O. Box " ..-11'CiE1;71 State ZIP Phone #
Specific Variance. Desired: /C/2/4
/./ 4~ 44 4,, 414. ,c 444'
/2.4-Y_ •"'Ll"I• , •;:" '2"4,2•,-,,,•-x- -S 47- "
"r4 " 7 7•7 ?
State why it is not practicable to comply with the ordinance: „t:',54;,„,,e2.4--4,2-4,/,AJ,,,?,.."'.5.- ,./..4,,‘„"47/
/ - -.4 ./.7 ,,44,, ,,-, - ,, fill / ,,,,/ , , , ,,,, „„, ,,, „:,- . )4.:4.7.74,2...(4_ ,4:-. " /4 if,44,44- /,.:5
it? //,,,,,4:,/// /7
/ --,
.:,„/: 4/,...,,,. .,.....„? „.. ,.
A /
••4'. •
(Additional sheets or data may be attached)
Name(s) and address (s) of all adjacent property owner(s):
,
.„„
' •
...444/1,,,e - .e., i . I ,/,', -4, 4.4: 4.. -5
--- 4 4-- -, -- ).....z,• -7 f''' • ', , ,z„(z.,?:).:44.4"/ 4-4 -:, -
0) ','.-
.,,-2-717 ,<'...j',4- — 71-4.4,4 ./-2 ,,„ ,E,:4";•417,147'46-2"---za (47,-,) ../.;2,,,,," •47/-e.2... 1 :,........e., ...,...,,,:A ,--___:2L.--z2(,,,-.L....
„...,`,,P V e ',Z r'S' f ';'. ee'... (-6 , ,„, \ ',...),,c,,3 -2 /45'7' - 7e ,/ ) ,--,•-•, "-...,:,..,,,,, /4, ./,,,,,,,, 22:,5:
1 hereby waive notice of hearing and consent to a hearing on
DATE:
OWNER.
Date and time of the Board of Adjustment Meeting;
(It is understood
on the appeal.)
(11(t,f 19,C Tc
S .g,nA Lure
44-H 4 /4) 4/ )14.
that only those points spec if Ica II y oit ion ed are a f ec Led loy action taken
G F. SCRIPT ION
int 6 Block 5
Amended Plat of Block 9 /.45
nd lot 4 of block 3
Park Ade'tion Estes Park, Larimor County, Colorado
041,?A§2,e;134ye,„
araarcrraararrsrararawrrma,;;;;1-;;alae,re^ T.,4-1yraam-,,aaa'a.aar.*:‘,65()°— 5111
ir It0VhillENT LOCA IION CFR I II If AIL
I hereby certify Ihnt this improvement Ioration cerlificnte wits prepared for the client indicated betosy, Ilre rrt.cer''.0or.Kir
heintz !Insert on n previous property SIM,. ey Pont bas 1 rrn IPIIIMIltMetrfeti 'by others or MYOWII properly. stir (7
tho iroprroement location cerlifleale, nod that it is on( ha he relied upon for the esti1,1 kfinme I dOf feher, 41"):0,1mkn,, '
eerl I hies, 1 fItlr certify 1.1 he ireporyeinerits on the :drove described parcel no the dare slyine.11 fr
connections, are entirely ssithin the boundaries ur the parcel, except as Yhown, taint there are no enerrharlIton rro
premises 111.• froorovernents on any premisec, except as insficatest, turd flint there in do ii'h ip ty
crossing or burdening any part of void parrel, except as noted.
(111 N V: Transamerica Title Ins. Co.
544 West, Elkhorn Avenue
Estes Park, Colorado
M 1111 N'TAIN V A 1,1, I. 11.'
S II P. V I'. f) S
P,11,11os1
Ecies Park, Colorado 1.ttic 17
Cvn: ;7;;:!. 65005141
! ; ; ;r.i.., 1.. 1111 P1,1! l' I . ,P. I PI
- ' "''' '""9"-97,"-"*"" • r'"' • ", "rr''''' ""'"'"`"'",..77°990'"99,""7"r"""9,17..z""—","n'".7'777..aar-ar-t-Prr.•
SCA I.F PAIL PP 'Vel'"‘I ".',", iler ‘r....,.,' 1.;;',,, '.".'. to rrtK er. ir scr e' p I. r, p 1 ir I; ! I I
' 1
f... ..
1 = 40 ) 8 — / 7 — 79 ,,,., D. N. A,
raraa,r. — .0.'",..,1”,,,,7,^'," , ,,''..,-,,r0',.^.4, v. ,^7 ^ .....,. 7 ,' % '""7,17°''.'70.7mq,.• 1,. , 7 ,r,771",*,, ,,,741,r ,Teresearesersmeerr,:l:eseessrlorreereerrre ,- - ' ' •, ,-,' •
0 1 AR
Pub[ic Works )eparl merit
StephenL,StArn(
PL'aunt,".1
Park.n (r20'010d0 80617
PETITIONER: Anthony Ricciardi, Kathy Ricciardi
REQUEST: Structural Alteration of Non -conforming Building
LOCATION: 646 Aspen Avenue, Lot 6, Block 5, Hyde Park Sub.
I. SITE DATA
Land Area:
Existing Land Use: Single family residcntiai
Existing Zoning: R-1 Residential
I. PROJECT DESCRIPTION
The existing residential building is nonconforming because
of the setback requirements from the northwesterly side lot
line. The existing building setback is approximately 6'
7', compared to the required 10'.
The proposed garage addition is located on the S.E. side of
the house and would comply with setback requirements.
ITT. STAFF FINDINGS
1. The side yard setback in the R-1 District is 10'.
2. The existing building does not meet current side yard
setback requirements.
3. The proposed garage addition would comply with setback
requirements.
4. That under certain conditions, granting the variance
would not be detrimental with the public good or zoning
ordinance.
IV. STAFF RECOMMENDATION
Approval of the variance request.
(,) Irle.Hmno(m[d
UNIFORM BUILDING CODE
%ma I.. ....a
C' Q a) "Ttl 0 U .7 7 •-•
7 0 7 - ,-e C a - .7. 6)
0 ..., . 6Ur r0 0 '". 2 -0 -. -....--- --
= ,0 a ..=
.17,-, E ,-,; -7, ,-..„ 0 „„ ,..,„
"..0 0 .0 7 u E 7 0 7 Tx" „,,- 5` 0 o
a> . -,,.. _to a • -
la. ,... z
7 .7 v' 7 0 . 0 .7 ...., 7 ,...- a) 0 a 0 -, - a a L,_ a 7 a ..,-, ...., 0
a) '...- -
-7
0 ‘....
0 a "
L...
r.t
'a 7C .7U •F I': ii'.9>' v, 0
0 to,
a C
0. .7 - V ''''' '-• V v, 7'-' 7, > .. 7.7, ;..,..= CZ 7
7 0 .7 '2 L'' '...o. '4.= 2 '
-.2: co - 0
-a '.: '
u.
*
,.... v
,.. -
cz r.... ....-,
oz m:1 ...... ,...,
:X.
0 2 L., _=
L, V 77 0
7 7 0 0 Zn. ^':' 0 _a 'r''' ..,,, '--
0 u a .4, o
c 0 7 CI "r".1
e..n. . - 7- 0"
7 < t) >-, ...„. a .0. ..".."7, 1 o w u 'ir.; a) u
, 7 +7 0 7 [7.. ''.1..., el 9 `,.:.' 7,
-0 > a 7 0"
a _ , 0 0 .., 0 al, >, g -61., _ a r--- ) '"
7
a a) E < a to E :,-, '0 a a . ..,-
,,i.
...... ,.... 0 a v
f_._
0 C) U = ,.., 04 T.: (•Z ' ... E2 E ;,•7 co 79 ri. 0 7 0 7 ,7 „ C 0 v,
a 2 ?I E 0
a 0
_
a
;,...,
0 a E E
‘ 0 7
• ). ..... 0 u) g. ,./..n 4F) 6a ad) n.• 7 ..-.. 0
0
c,,,
0 ..,
C .7 C..) 7 7 0 0 ,... • - V 0.
un > 7 eq , •
... a ...7. 7 ...X 7
.... 7 0
.„ _ 0,
0 Va 0 0 . 7 3. " C "'
R' .'-'0 C.: „ '''t
VT ;5 "
, ...,t1 ,,; v} ,..., P 7 U 1... 0 a .. '. 7 Z-1
'0 -5 7 - - 0 -, -E , a 0 --. 2
..o a .....- - at 00a)-ma.) a
et ' i.7, = c i ... . a. 0
L..
0 '771 '70 72 "02 a .1-101 1) 0 ,..' . l'''''
ton ,ELS .0
›.,. „"....
V 0 0
0 • - a .... _ 0
a_ -
„.......F0.3
.,_.
. CIJD '.... cl,
-,.., 7 .7 ``...,,,L,,, • ,::::-- .+J
= . ' 0... t) . .... .2. ..c, --. ..z.a
,7, 0 'r.,'; 7 3" " :" " ,,,,,' 7 47 •-' 0 " 7 7 .0
7 .0 •IO '.• .7 .7 L111 " ..1. 0 E a _E 0 .,_ _,- a. a .0 :,.: .0
....
_ ._
.„...
.3..
CO
K.".l.Mre=.77W0elelrg ++.1.,"+"V7 .....Xe..,,..+4..:
7 . . . . , :', , ' : , ,,, ., ?. " L'."..; : . -; - -; i n
0
0 < *74
0
,.. re, aa, '''') tri C,i'' Z' < E LI. ''' - .1'. -= -
.... L.... ,.......
0 0 a
ge4.., .:...,:".. .0 U 0 0
7.. 0 7 .t..e.
.,., "...., ,.., , ...... gt
....... ,..., bi,
" ' ' '''' '1 .. " " . f.' . u
0
7 .„..,, ,.,.; 0 .0 . c.., .7 , el.. 0
0 707•OX
a-. 2 ' E. :7 E -a "th.,,'‘''' ,...›.' r"
7 E
0 -a
0 a
".2
..E.--
v 7
Oa .7 7 7 0
t 20
7 2
... .0
C., 0
7. -7
TITLE, SCOPE AND GENERAL
.19,85 EDITION
3F77-..„1WW7P7710,7M,77,I7iMP.
a 0
L-
E
Uoca
a0
-"-
r _E
,..
...., ,,,
E ' g -,= - 2 .2 , . - , - P- - - - . E . 0 . .
u
. › .
-u. =
. ,... V .. ' .ta -0
v 0
. 0 "2 2 ..E3 ,../.., a a_
0
.....
0 u a 0, - m .,,, v)
"E .„.g '"' tE 0 ,... ....,
VI 7 :
0
7:-... '''' '- 2 04) .0
Z : .7 0 c
7 a (2, ,.„ E mr) a.)
'4 g 7 c) "Fri -,...1 .
-7 V0702,
,
..
2 0
1' .Iac).
a =-
, -a . -,_
-TE0.7!0
a 72- 7-:C0
.740 a
E
. 0 '7 • - 0
in, ,III
a >,,
7
05*E
7 -7
d .".:: t.n 0. '-o-*
- . ,,-'' ›, 0
LI V, 0
et) ei
cr) cm u • -
0 - - - • 0 W V 0 7
0 v.,
7. ..X
JO 7 it .
7
....
> • 5.1 0° 0
07
" .7.•'''
0 7 MO 0 =
, 0 ^-.. 7- a - 7 cl X 0, ,,, IX+
CI. 7 7 0 VI 0
<
c.-.7. 0 ..0
0
--- 0
0 7 - ..7 E Y.. 5
a) a -- a.
. .... „,„ f-.. P 10 . rs a ) a° ge 0 7 Co .. "
. 7 0 a .7 - -7
,4•4 = 7' • ild 7 17 7 C 7 V
2
(0 ,,,- ::. = ,-",
...,, a ,-4 ---,
„.,, ,. VA ,,,, '
7 -e::: ° x < °;0 0- u., 8
a Ed = 0' .° 0
E.
u 7 -0
"7 '17.' -a r)
0.
< E -a
371
5-2U-86
FROM: DAV|D HABECKER - TRUSTEE
MEMBER - BOARD OF ADJUSTMENT
TO: MEMBERS - BOARD OF ADJUSTMENT
TOWN BOARD
MAYOR
As a matter of record, | am stating my position am6 philosophy as
regards the purpose and workings of the Board of Adjustment as pertains
to the Hupp Hotel request and in general.
First of all, in cases regarding la�nd use non -conformity, a distinc-
tion has to be made between an existing non -conformity and one that is
&a;''g proposed. A building that was originally built according to the
rules in effect at the time and which has subsequently become non -confor-
ming because of more accurate surveys or new zoning regulations, should
be treated differently than a proposal for new improvements that would
he in themselves non -conforming.
Secondly, a distinction should be made as to whether the non -conformity
has a bearing on the request and vice versa. If a requested variance has
no physical relationship to the non -conformity i.e. - would not increase
the life of or in any other way worsen the impact or change the physical
properties of the non -conformity, it should be given favorable consideration.
Thirdly, a,/variance cannot be denied simply because of it's non-
conformity. The board needs to have reason beyond what initiated the
need for the variance in the first place. We as a board, need to give the
petitioner a, valid reason why s request has been denied'- "just because'',
just isn't good enough.
Fourth, we as a board should not be making arbitrary requests for
concessions from the petitioners just so the town can ''get someth|ng/'
in return. AlIthough this practice may be legal, it is unjust and mean
spirited, not only to the petitioner but to the town as a whole.
Finelly, we need to understand that this board can only be a re-
actionary body. If the town feels that certain non -conformities should
be eliminated, them that task needs to be taken on by a governing body
that can deal with the problem.
Is the planning function of this town going to be one of action or
react|on7 If a building is non -conforming and is causing an wndes7reeble
situation, do we do something about it now, or wait 5,,10, or 40 years
until/the owner wants to put in a stairway. The town needs to sot up
a procedure to deal with undesireable non -conformity and because there
isn't a prcodure now, doesn't mean it is our ecspons|biVity.
The owner of the Hupp Hotel has come to us with a legitimate request
to change a stairway location in a building that happens to be non-
conforming because of it's location, and only as that location pertains
to setbacks and encroachments. The proposed stairway is not within the
encroachment and will have no impact on that area whatsoever. The only
question of safety is in regards to having a stairway in the first place.
The end result of the work being performed would be a safer exit
and approximately 450 square feet of unosed space converted into revenue
generating retail space --- and that's all.
In closing, | would urge my fellow members of this board to approve
this request; it's safe, it's profitable to the owner and the town' and
it's fair.
Sincerely,
David Habecker
ESTES PARK
• C
O 0 4-)
k-+- - H (t)
4-) W
71 (0
CD t-51
rci .H
C.) CD Es) 0
„4 U 0
4) U 0 C • -H
u) u) C...) M • H .--'
C .H TS o
CU • (0 MC >
.1:! • U
< I'li U
O .H (3) 0 -HY
M (2) 4 Z
9:5 4 CD U
• 4 • • M >1
M 0 17) 0-) 4-1 .4
O .HI0 P -P
M C4 • H -1--) M (0
-P (0
- . 0 0
CD 0 4 V
co4-)0
.H .H o-, cri
• 4 +J ,-1 0
g 4-) >1
cl) cli ,
in g 0
M a) .P csi W rC
tra > 4-1
'L-0 U) , V
CO 1—i >I
Crl 0 0 .0.0
•—i LI-1 .-
• rl 0 >1 0 r•0
• ni -P rti to co
rt:i .---1 -P
,-.4 u) it 4-)
M Q) -H
a) 0 >
0
(0 -P
Stan Jones,
Attachment
- A •
L—J
June 27, 1986
Mr. and Mrs. Anthony ,icciardi
Post Office Box 3186
Estes Park, Colorado 80517
Dear Anthony and Kathy:
(17,{ifloracio 8017
Your petition for a variance from. Section 17.68.070 concerning. a
Ftructural aiteration to a non -conforming building was granted by.
o Board. of Adjustment attheir meeting held June 25, 1986. A
copy of the minutes is enclosed for your convenience.
Please contact Building Inspector Jones regarding a building
permit prior to. construction.
Should you have any questions regarding any of the aforemen-
tioned, please contact me.
Sincerely,
TOWN OF ESTES ?ARE
Vickie O'Connor
Town Clerk
Enclosure
PETITIONER: Anthony Ricciardi, Kathy Ricciardi
REQUEST: Structural Alteration of Non -conforming Building
LOCATION: 646 Aspen Avenue, Lot 6, Block 5, Hyde Park Sub.
I. SITE. DATA
Land Area:
Existing Land Use: Single family residential
Existing Zoning: R- 1 Residential
11, PROJECT DESCRIPTION
The existing residential building is nonconforming because
of the setback requirements from the northwesterly side lot
line. The existing building setback is approximately 6' -
7', compared to the required 10'.
The proposed garage addition is located on the S.E. side of
the house and would comply with setback requirements.
II . STAFF FINDINGS
1. The side yard setback in the R-1 District is 10'.
2. The existing building does not meet current side yard
setback requirements.
3. The proposed garage addition would comply with setback
requirements.
4. That under certain conditions, granting the variance.
would not be detrimental with the public good or zoning
or
IV. STAFF RECOMMENDATION
Approval of the variance request.
TOWN OF ESTES PARK
BUILDING DEPARTMENT
NOTICE OF APPEAL
DATE:
" P 2
Address all communications to the Building Inspector, Post Office Box 1200, Estes Park,
Colorado 80517.
This is a petition for a variance of the Zoning Ordinance. It must be on file at the office
of the Building Inspector, Town of Estes Park.; 10 days before any meeting of the Board of
Adjustment.
A $25.00 (twenty-five dollar) fee to cover costs of processing appeals, and requests for
variances shall be, paid to the Town Clerk prior to any hearing.
The Petitioner or Representative should be present at the meeting.
All variances granted by the Board of Adjustment shall become null and void if a building
permit has not been issued and paid for and work thereunder commenced within four months
from the date the variance was granted.
Address of Lot or Tract:
Legal Description: Lot
Owner's Name:
x2,=-27/
Number Street
Block
Tract Sub.
Address of Owner:
/j-:2")/. S /1).; .-,7,51fi"-- /,‘„ C ,:t7,7
Number Street P.O. Box City State ZIP Phone 4
. Petitioner's Name: )//) 2
Petitioner is: Owner
Address of Pet!
Lessee
Agent
r: 4 ' 411 ...
Number Street P. O. Box City State ZIP Phone #
Specific Variance Desired: /e?,,,,,,..4,:AA.c--//f,'2 , J:777
/.1,./._/ ?,e7 // /2" )
- /.."; 4 2.5- c„(
State why it is not practicable to comply with the ordinance: / 4.'-).,)!,(.S4- ,c/Z,/
//1 c. . )- . " -
4, A.4.../Z47 5//6-
(Additional sheets or data may be attached)
Name(s) and address(s) of all adjacent property owner(s):
ilt,l, 6113 ,
04,,s. /..,0)!•{1.,,,:. ///
„.-..,,,4; 1"1 - .,-,f.,. 7
A ,,', )1. V 1.1
/4 7/./e?: ',!.; .,(,21-' ( .„ ,,,„,;, /„,,,,,,./ .-
247 /
--H' -.....--,(,-.27: /---.-1,/,,,:
,
) T 12
/
.5. :,:, .4-...-^' i-r ,j,..) frIzz..1... ' /57 e' i ",-, - c• ^IC'
•••?'
< ' •
0/ , /
e • <""))•" — •
)
•,..e'lL,,L2tr.2./CLer: .4/2"/ E)-( --)122EL
•<•-•'' 2 V e"2- rir" 47‘-e--- 7 '
'
1 hereby waive notice of hearing and consent to a hearing on
DATE:
OWNER.
Date and time of the Board of Adjustment Meeting:
gnature
7T-k-L,2-41;
(It is understood that only those points sp.ccif bali , mentioned are nffected by action taken
on the appeal-) . tz
LEGAL DESCRIPTION
Lot 6 Block 5
Amended Plat of Blocks ./445
rInd tht 4 of 11lock 3
Itrde Park Add'tion Estes Park, "primer County, Colornrio
4/650051,1
Fr,r,'R4Psvvrrmrrrrrerrr'rrr'rriqPlrPrrO4*4M642.,rv-r.rk,”ne.rr:r — —
NIPIt OVEMENT LOCHAtitl.N CEflItfL
hereby certify that this improvenrent hie:Ilion certificate was prepared for the client indicated helper the iolv.r..;°.1..v(v.1Iui .
Inonol on previous. property surrvey that has becti ninutitneined by other% or [try °vivo propertyh‘111.,vrrvi,1 v '^tv,
Oa% iniproterireillt 1,0:Walton certificate, rand that it is not to be relied upon for the ectahlklinient of femur,
inurvireineni h14. further certify that Ore iinpriireinentm on the ;drove described parcel oil ihe 4F:l4 8h4 8fv v- vv. v
cornier:0.m, are entirely within tire boundaries ni the pared, except as rrhown, flint their' are 110 eneroarffinerr% ." t
premise% 1%%. hilort•vvertilrtlik on any itiliiihring premises, except ri% indicated, and that there virvi eriiirtrZeAte%ieu
erusring or burdening any part of said parcel, exeerit 111 noted.
ELIVNIF: Transamerica Title Ins, Co.
544 West Elkhorn Avenue
Estes Park, Colorado
" < v
lov
65()0541 c'e Ao
w 44
() IN VA 1,1,1. Y
sirl,,vEv()Its
P, tr. ito% .frf
Ftvic% Palk, t idivirdo Stici7
Sri\ r IL\ H, 418 44N 1 44 811 N1 8414 P te'vr if 'A I!)
41 = 40,
8 - 7 - P I-1, A,
/9 / a 7 o
,r1s77--- •
t t
0 Nr
., ,,,
„_"-----",,Ake,„ow-
June 11, 1986
Mr. and Mrs. Anthony Ricciardi
Post Office Box 3186
Estes Park, Colorado 80517
Dear Mr. and Mrs. Ricciardi:
A
•
E.stns Park, Culorado 8.0517
Your petition for a variance from Section 17.68.070 to allow
alteration to a non -conforming building will be, considered by the
Estes Park Board of Adjustment on Wednesday, June 25, 1986 at
900 A.M. in Room 103 (Board Room) , 170 MacGregor Avenue.
Consideration of your petition will be given following a variance
request submitted by Mr. John Ramey.
Should you have any questions regarding the aforementioned,
please contact Town Planner Steve Stamey.
Sincerely,
TOWN OF ESTES PARK
Vickie O'Connor
Town Clerk.
FILE COPY
/
Mr. Tom Gibbens
U, S BU EAU OF RECLAMATION
Eastern Colo. Projects Office
Post Office. Box 449
Loveland, Colorado 80537
Mr. and Mrs. David. Gnatney
Post Office Box 4634
Estes Park, Colorado 80517
Mr. and. Mrs. Richard, O'Dell
Post. Office Box 973
Estes Park, Colorado. 80517
Ms. Jean Johns Tanguay
Post Office Box 3221
Estes Park, Colorado. 80517
K
June 12, 1986
FILE COPY
Re: Ricciardi variarice Request, 646 Aspen Avenue
Dear :
,()1(ycicio 80517
Enclosed please: find. a. copy of a petitionrequesting a variance
from. Section 17.68.070 to allow alterationto a non -conforming.
building.
The petition is enclosedfor your information.; should you desire:.
further explanation. or would. like to comment onthe variance
request, please contact Building In Stanley H. Jones at
the address or telephone. number listed. below.
This petition will be, considered. by the. Estes Park Board: of
Adjustment on Wednesday, June 25, 1986 at 9:00 A-M. in the Board
Room (Room. 103) of the: Municipal Building, 170 MacGregor Avenue.
Sincerely,
TOWN OF ESTES PART:
Vickie O'Connor
Town. Clerk.
EncJosure
(). Box 1000 olophomfr, H10
1; L DESC I' TION
int 6 Block 5
Amended Plat, of Blocks 445
and Lot 4 of llock 3
firde Park Ad04.tion Estes Park, Larimer County, Colorado
1/650050
at P It OVEMENT OCAPION CE it I I I I A I L
I hereby certify that this improvement location certificate was prepared for the client indicated, Ireton, the rornI:lisro:
hieing based on a previous property survey that has been mornimented by others or inv own property Ctlf Vry>,1i t,
110, improvement location certificate, and that it is not to he relied upon for the estableliment nf fence, 49,0dir-c, e
i ITV Imes, I further certify that the improvements on the above described parent 011 1I1C 41;0c 1
corinr0 ions, are entirely within the boundaries of the parcel., except as shown, that there ate no eircroactIrricurs rip
premises Iry improvements 011 Ilrly adjoining premises, except as indicated, and that there is rio evidco;leoler,Irro iL 1,‘ •
crossing or burdening any part of mid parcel, except as noted.
(111 NI: Transamerica T it le Ins. Co.
544 West Elkhorn Avenue
Estes Park, Colorado
c 4 6500 5 41
SCAI
" 40'
NI ()UN VAIN VA 1,1 Y
L A N S P, V I'. )' 0 I( S
P. Pos
Isles Park, ( rrIrciolu Inrc 17
1
zr:r„
,1.1)1 H"I r,
11" )'"": ?"f 1,‘t!OWN 1 1
/
3
(7 — 79 D IA,
est...roma PUE..15.1-111,. CO.
RECORD OF PROCEEDINGS
Board of Adjustment
June 25, 1986
Board: Chairman Laing, Members Brown, Habecker,
Lamson and Sager
Attending: All
Also Attending:
Town Attorney White, Town Planner Stamey,
Building. Inspector. Jones, Town Engineer
Widmer, Clerk O'Connor
Absent: None
JOHN W. RAMEY, 282 MORAINE AVENUE - VARIANCE FROM DRIVEWAY AND
EGRESS STANDARDS:
Mr. John W. Ramey submitted a variance request for property
located at 283 Moraine Avenue. Mr. Ramey questioned the legality
of the Board of Adjustment in considering this matter, which, in
his opinion, was clearly a matter for the State Highway Depart-
ment. Town. Attorney. White responded the property was located in
the C-D District, and. the Town did, in fact, have jurisdiction
with regard to uses permitted under such C-D Zoning Regulations.
Mr. Ramey offered a brief summary of the history of the property
to date. Member Sager moved that the Town does have jurisdiction
and. that this was a proper consideration by the Board of
Adjustment. Member Brown seconded the motion and it passed
unanimously.
Mr. Ramey was informed Section 17.32.050 A. of the C-D Zoning
Regulations stated driveways crossing sidewalks on arterial
streets may serve parking and. loading only, but may not serve any
drive-in, drive -through or auto service facility. The street in
question is Moraine Avenue which is an arterial street. A
variance must be approved pursuant to the aforementioned access
standard. Planner Stamey reviewed the staff report. which
identified two separate issues of the variance request: Section
17.32.050 A. addressing the access standard, and Section
17.54.010 B.6 which is. the general requirement addressing curb
cuts. The Town's C-D Regulations and General Requirements were
adopted. in. February, 1985. Inasmuch as this property has not
been used as a drive-in since February, 1985, the property does
not retain any non -conforming status. The. three (3) existing
curb cuts are poorly defined; bumper blocks have been randomly
placed along Moraine Avenue; and onebumper block appears to have
been placed in the public right-of-way. No correspondence was
received. In rebuttal, Mr. Ramey stated. that in. initial
application to the State Highway Department the Department did
not require installation of curb and gutter; rather cement curb
stops were allowed. Mr. Ramey added installation of a curb and
gutter could adversely affect drainage in the area. Town
Engineer Widmer stated that if properlyapplied, a curb and
gutter would not create a drainage problem. The Board. of
Trustees, by adoption of a resolution, could require a property
owner to construct a curb, gutter and sidewalk_ Discussion
followed. Member Sager moved that: for this year's operation,
to grant a variance from Section 17.32.050 A to allow access from
an arterial street, with the following conditions:
1. That a pedestrian way 4-5' in width parallel to Moraine
Avenue, be delineated with paint.
2. That thebumper blocks be properly positioned and
permanently fastened to define the curb cuts.
3. That the two above items be accomplished within ten (10)
days from date of Board of Adjustment approval.
RECORD OF PROCEEDINGS
Board of Adjustment - June 25, 1986 - Page two
Member Brown seconded the motion and it passed unanimously.
The Board of Adjustment also suggested that if this does not
solve pedestrian/vehicular conflicts, that the Board of Trustees
should require curb, gutter and sidewalk in the. future.
Consideration followed regarding a variance from Section
17.54.010 B.6 addressing egress and curb cuts. Mr. Ramey report-
ed three (3) curb cuts are presently located on the property. It
is the petitioner's desire to retain all three curb cuts.
Section 17.54.010 B.6 states "There shall be not. more than two
driveway openings onto any street from any single premises unless
each driveway is separated from all the other driveways serving
20 or more parking spaces..." Discussion followed regarding the
traffic pattern, enforcement of traffic restrictions and signage,
with Member Sager moving the Board of Adjustment deny the vari-
ance request for three (3) curb cuts, thus allowing a total of
two (2) curb cuts on the property, 30' in width maximum. Member
Habecker seconded the motion and. it passed unanimously.
With regard to outdoor eating areas, Planner Stamey advised this
use is allowed under Special Review. Such review is considered
by the Planning Commission and Board. of Trustees-
ANTHONY RICCIARDI, 646 ASPEN AVENUE - STRUCTURAL ALTERATION OF A
NON -CONFORMING BUILDING:
Mr. Anthony Ricciardi appeared seeking relief from Section
17.68.070 to allow construction of a 24x24' garage addition on
the southeast end of his residence located on Lot 6, Block 5,
Hyde Park Addition. The structure is non-conformingdue to a
6-7' side setback in the westerly corner of his residence. The
proposed. addition would comply with setback requirements.
Planner Stamey reviewed the staff report. No correspondence was
received. Member Lamson moved the variance request be granted.
Member Brown seconded the motion and it passed unanimously.
IIABER CENTER, 110-116 WEST ELKHORN AVENUE - STRUCTURAL ALTERATION
TO A NON -CONFORMING BUILDING:
Mr. Roger Thorp, representing the owner, presented the Haber
variance request. Mr. Thorp clarified the request stating the
petitioner was seeking relief from Section 17.68.070 to allow the
installation of an exit servicing the second story. A second
exit would greatly improve patron safety. Mr. Thorp stated that
installation of the stairway would not. increase the life
expectancy of the building, nor would it affect the setback. Mr.
Thorp pointed out a number of uses that could occur without the
second stairway. Mr. Ralph Haber, owner, informed the Board of a
discussion. with Fire Chief Rumley whereby Chief Rumley concurred
there was a need for a. staircase serving the upper level.
Discussion. followed regarding occupancy load, possible. uses which
could occur on the second story and integrity of the structure.
Planner Stamey acknowledged receipt of a memorandum dated June
19, 1986 submitted by Building Inspector Jones. Member Sager
read aloud a portion of Section 17.72.040 1. B. relating to
authorization of variances. Stating the variance aid not meet
the aforementioned criteria, Member Sager moved the request be
denied. Member Lamson seconded the motion and it passed by the
following votes: Those voting "Yes" Members Brown, Lamson and
Sager. Those voting "No" Members Habecker and Laing.
There being no further business, the meeting adjourned.
Vickie O'Connor, Town Clerk